TITLE 45
Towns and Cities

CHAPTER 45-23
Subdivision of Land

SECTION 45-23-61


§ 45-23-61. Procedure – Precedence of approvals between planning board and other local permitting authorities.

(a) Zoning board.

(1) Where an applicant requires both a variance from the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional zoning board relief, and then return to the planning board for subsequent required approval(s).

(2) Where an applicant requires both a special-use permit under the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special-use permit from the zoning board, and then return to the planning board for subsequent required approval(s).

(b) City or town council. Where an applicant requires both planning board approval and council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the council, and then return to the planning board for subsequent required approval(s).

History of Section.
(P.L. 1992, ch. 385, § 1; P.L. 2016, ch. 527, § 2.)